Reining in Trump . . . Slowly

The courts and Congress are rolling back Executive actions.

“Trump Kennedy Center sign” by Dclemens1971 is licensed under CC BY 4.0

Two recent stories at the Atlantic, “The DOGE-ing of the Humanities Is Being Reversed” and “Trump’s Name Is Disappearing From More Than Just the Kennedy Center” illustrate the imbalance in our system of checks and balances.

A federal court [in May] ruled that the grant cancellations were unconstitutional, potentially reversing, for now, one of the many moves made by the Trump administration to influence how experts uncover—and then tell—the country’s story. Despite Trump officials’ efforts to impose their values and version of American history on knowledge-making institutions, doing so may not be as simple as they thought, particularly given their slapdash methods that have now been called out by a federal judge.

U.S. District Court Judge Colleen McMahon ruled in favor of plaintiffs, Kadetsky among them, finding that DOGE personnel didn’t have authority to terminate NEH grants and that the cuts violated the First and Fifth Amendments. The NEH, responsible for funding research, education programming, and restoration work, “was not created as a vehicle for government expression,” McMahon wrote in her ruling, but rather to “support the intellectual and cultural work of private citizens, scholars, teachers, writers, and institutions.”

and

When a board packed with Donald Trump’s allies voted in December to add the president’s name to the John F. Kennedy Center for the Performing Arts, the transformation happened almost immediately. By the following morning, crews had worked quickly to fasten 18 letters to the institution’s marble facade.

Now that work is being quietly dismantled.

In a memo obtained by The Atlantic, the Kennedy Center’s lawyers today directed employees to remove references to the center being named for anyone other than President John F. Kennedy. The note seems to suggest that Trump will accept a judge’s recent order to remove his name from the center.

“This includes email signatures, email communications, letterhead, website, brochures, promotional materials, press releases, signs, references in contracts, MOUs, and other agreements, and every other reference to the ‘Trump Kennedy Center,’ the Donald J. Trump and the John F. Kennedy Memorial Center for the Performing Arts, or similar name,” read the email, which I obtained.

Less than a week ago, a federal judge ordered the institution to remove all references suggesting the center had been renamed for Trump within 14 days, restoring its formal title as The John F. Kennedy Center for the Performing Arts.

“The Court ruled that the Board acted beyond its authority in adding President Trump’s name to the Center and gave the Center 14 days from May 29 to remove all references to the Center being named for anyone other than John F. Kennedy,” lawyers informed staff.

The memo offers the clearest sign yet that the institution intends to comply with the ruling, despite the board’s aggressive efforts in recent months to rebrand the center under Trump’s leadership.

While there have been some high-profile wins, many of the attention-grabbing actions taken in the Trump 47 administration have been overturned. It’s just that an aggressive Executive can move much more quickly than the relatively slow-moving Judiciary. Administrations can, if they so choose, issue orders hastily. With rare exception, court cases take time. Plaintiffs have to gather evidence, draft briefs, get on a judge’s docket, go through hearings, and wait for judges to write and issue opinions. And multiple rounds of appeals and delays may ensue.

Even though Trump wields unprecedented control over his copartisans in Congress, they, too, have undone many of his cuts. A lot of what DOGE did got undone. Ditto many of the high-profile budget recissions.

Of course, even when the administration is reined in, real harm has been done. People who were fired, lost grants, or whathaveyou underwent severe stress and financial harm, even if they ultimately got their jobs and grants back. Who knows how much money was wasted re-naming and then un-renaming the Kennedy Center?

Because the Executive can simply act, it is more powerful than its ostensibly coequal counterparts. Alexander Hamilton famously described the Judiciary as “the least dangerous” branch of government. The Executive is doubtless the most.

FILED UNDER: Law and the Courts, , , , ,
James Joyner
About James Joyner
James Joyner is a Professor of Security Studies. He's a former Army officer and Desert Storm veteran. Views expressed here are his own. Follow James on Twitter @DrJJoyner.

Comments

  1. Harry Kirschner's avatar Harry Kirschner says:

    This is scorched-earth government. One can rebuild after a fire but some things cannot be replaced.

    Meanwhile, the courts are clogged with frivolous lawsuits and a spineless high court complying most of the time.

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  2. Daryl's avatar Daryl says:

    Because the Executive can simply act, it is more powerful than its ostensibly coequal counterparts. Alexander Hamilton famously described the Judiciary as “the least dangerous” branch of government. The Executive is doubtless the most.

    Especially an Executive that isn’t particularly smart.

    “If the government decides very quickly to bulldoze the Statue of Liberty, the people whose ancestors, that was the first thing they saw coming to this country, but the government moved too fast. Nothing can be done?” U.S. Circuit Court Judge Patricia Millett said.
    “I think that’s right, yes,” Roth said.

    We should discuss 2nd amendment remedies more seriously.

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  3. Kathy's avatar Kathy says:

    I read a historical anecdote years ago to illustrate that sometimes the remedy is worse than useless to the harms caused. The gist was an official in the English court was reluctant to deliver a message from his king to the king of France, because the tone of it might get him beheaded.

    His king tried to reassure him by saying “If that were to happen, I’d round up a hundred French subjects and behead them.”

    To which the official replied, “No doubt, sire. But I doubt any of their heads would fit my shoulders.”

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  4. Michael Cain's avatar Michael Cain says:

    @Harry Kirschner:

    One can rebuild after a fire but some things cannot be replaced.

    Certainly not easily or quickly. “We parted out the supercomputer. We sold the building to Anthropic as a ready-to-go data center. They’ve installed several hundred million dollars of their own gear and will fight any effort to remove it. Construction time for a new building is three years. Waiting time for new compute blades from HPE is five years. No, we didn’t keep a copy of the software tools that took ten years to build. No, we didn’t keep a copy of the curated atmosphere and ocean data that goes back 50 years.”

    Hasn’t happened yet up the road not too far from me, but could. A judge issued an injunction, but there’s some question about whether the plaintiffs have standing. I make it maybe a 50/50 chance that it happens in the next two and a half years.

    I really hate to depend on fired employees walking out with copies of petabytes of data and code.

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  5. gVOR10's avatar gVOR10 says:

    Kudos, James. These days anyone who uses “reining” properly is doing better than half the journalists in the country.

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  6. Harry Kirschner's avatar Harry Kirschner says:

    @Michael Cain:

    I had in mind a routine by the comedian John Mulaney. In high school, he was at a party at the home of a classmate whose father was a hated teacher. Naturally, they decided to trash the house. One of the bunch said to destroy the photos since they could not be replaced. It is a teen psychotic’s way of inflicting pain and that’s the mentality of those in charge.

    Like you, I worry about the climate record. I hope the Internet Archive managed to get at least some of it.

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